CONTRA COSTA COUNTY BOARD OF SUPERVISORS

 

Supervisors J. Gioia, G. B. Uilkema, M. N. Piepho, M. DeSaulnier, and F. D. Glover

Clerk of the Board, John Sweeten (925 335-1900)

 

A G E N D A

TUESDAY JULY 19, 2005

 

 

The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated.

 

10:00 A.M.       Convene 0 and announce adjournment to Closed Session, Room 101.

 

10:30 A.M.     Call to order and opening ceremonies.

 

Inspirational Thought - “When I despair, I remember that all through history the way of truth and love has always won. There have been tyrants and murderers and for a time they seem invincible, but in the end, they always fall – think of it, ALWAYS.” ~Mohandas K. Gandhi

 

CONSIDER CONSENT ITEMS 1 - Items removed from this section will be considered with the Short Discussion Items.

                     

HOUSING AUTHORITY CONSENT ITEMS

 

HA.1  APPROVE and AUTHORIZE the Housing Authority Executive Director to execute a contract with the East County Boys and Girls Club in an amount not to exceed $25,000 to provide after school youth activities for the El Pueblo housing development for the period July 1, 2005 through June 30, 2006. (Housing Authority funds; Budgeted) (District V)

 

SHORT DISCUSSION ITEMS - The Board will consider and take action on the following items:

 

SD.1    CONSIDER 2 any Consent Items previously removed.

 

SD.2     HEARING 3 to adopt Resolution No. 2005/430 confirming the Final Engineer’s Report, diagram, and assessments for Countywide Landscape District AD 1979-3 (LL-2) and authorizing the levy of annual assessments to be placed on the tax rolls for Fiscal Year 2005/2006, Countywide. (Countywide Landscape District AD 1979-3 (LL-2) Funds)(Eileen Doten, Public Works Department) (All Districts)

 

SD.3   As the Wendt Ranch 4 Geologic Hazard Abatement District Board of Directors, conduct HEARING to adopt Resolution No. 2005/421 approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD), and accepting Revision 1 to the Wendt Ranch GHAD Plan of Control, Danville area. (Wendt Ranch GHAD Funds) (Eileen Doten, Public Work s Department) (District III)

 

SD.4   CONSIDER 5 adopting Resolution No. 2005/437 approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD), and accepting Revision 1 to the Wendt Ranch GHAD Plan of Control, Danville area. (Wendt Ranch GHAD Funds) (Eileen Doten, Public Works Department) (District III)

 

SD.5   HEARING 6 for adoption of urgency and regular fee ordinances to fund the Revised Transportation Improvement Program for the East Contra Costa Regional Fee and Financing Authority, East County area. (Julie Bueren, Public Works Department) (Districts III and V)

 

DELIBERATION ITEMS - The Board will consider and take action on the following items:

 

D.1      PUBLIC COMMENT. 7 (3 Minutes/Speaker)

 

D.2      CONSIDER 8 accepting report on the Metropolitan Transportation Commission’s Transit-Oriented Development Policy for Regional Transit Expansion Projects. (Steven Goetz, Community Development Department; James Corless, Senior Planner, Metropolitan Transportation Commission) (Districts I, II, III, V)

 

D.3     CONSIDER 9 accepting report from the Community Development Director and approving recommendations of the Contra Costa County Agricultural Advisory Task Force to update roadside stand regulations and allow value-added operations in the Agricultural Core. (Patrick Roche, Community Development Department) (District III)

 

D.4      CONSIDER 10 report from the Community Development Director on modification to the administrative interpretation of adequate screening of mobile homes, travel trailers, camp cars, vessels and vessel trailers. (Dennis M. Barry, Community Development Director) (All Districts)

 

Closed Session 11

 

1:00 P.M.

 

D.5      HEARING 12 on an appeal by Jeffrey Batt (Subdivider) of a decision by the County Planning Commission finding violations of subdivision law pertaining to development of the King Estates project, Subdivision 7276, located south of King Drive at the Oak Branch Way intersection, Walnut Creek/Saranap area, and authorizing the recording of notice of violation against its title. (Bob Drake, Community Development Department) (District III)

 

D.6      HEARING 13 on an appeal by Camp and Camp Associates of the San Ramon Valley Regional Planning Commission’s decision to deny a modification to the Final Development Plan to allow an accessory structure height of nine-feet on a property located at 36 Saddleback Place in the Danville area. ( County File #DP013049) (Aruna Bhat, Community Development Department) (District III)

 

 

 

Adjourn in Memory of Troy Spencer 14 of Pleasant Hill

 

 

  CONSENT ITEMS

 

(Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public).

 

Road and Transportation

 

C.1 ADOPT Resolution No. 2005/431 approving and authorizing the Public Works Director to fully close a portion of Pinehurst Road for the period July 25, 2005 through August 1, 2005 for 24 hours per day, for the purpose of recovery and disposal of 11 automobiles, approximately 500 tires, and miscellaneous car parts and various debris from roadside gully, as requested by East Bay Municipal Utility District, Canyon area. (District II)

 

C.2 ADOPT Resolution No. 2005/432 ratifying the prior decision of the Public Works Director to partially close a portion of Bethel Island Road on July 16 and 17, 2005 from 9:00 a.m. through 6:00 p.m., for the purpose of the 18 th Annual 1950s Bash (Car and Motorcycle Show), Bethel Island area. (District V)

 

C.3 ADOPT Traffic Resolution No. 2005/4125 prohibiting parking at all times except for vehicles of individuals with disabilities (blue curb), on the south side of 2 nd Street, beginning at a point 81 feet west of the center line of Harris Avenue and extending westerly a distance of 25 feet, Rodeo area, as recommended by the Public Works Director. (District II)

 

C.4 APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, on behalf of the Contra Costa Clean Water Program, to execute a contract with Matt Bolender in an amount not to exceed $56,000 for consulting services for the Used Oil Recycling Block Grant Program for the period July 1, 2005 through June 30, 2006, Countywide. (California Integrated Waste Management Board’s Used Oil Recycling Grant Program Funds) (All Districts)

 

C.5 ADOPT Resolution No. 2005/435 approving and authorizing the Chief Engineer, Flood Control and Water Conservation District, to impose the Annual Benefit Assessments for Fiscal Year 2005/2006 for Drainage Areas 67A, 75A, 76A, 520, 910, 1010, and 1010A, Walnut Creek, Oakley, Danville , and San Ramon areas. (Drainage Area Benefit Assessment Funds) (Districts II, III and V)

C.6 ADOPT Traffic Resolution No. 2005/4126 prohibiting parking at all times except for vehicles of individuals with disabilities (blue curb), on the south side of Loring Avenue, beginning at a point 54 feet west of the center line of Bay Street and extending westerly a distance of 20 feet, Crockett area, as recommended by the Public Works Director. (District II)

 

Engineering Services

 

C.7 RA 02-01141: ADOPT Resolution No. 2005/433 approving the road improvement agreement for the bridge at Japonica Way , for project being developed by Windemere BLC Land Company, LLC, San Ramon ( Dougherty Valley ) area, as recommended by the Public Works Director. (District III)

 

C.8 RA 05-01185: ADOPT Resolution No. 2005/434 approving the road improvement agreement for Windemere Phase 3 – Japonica Way, for project being developed by Windemere BLC Land Company, LLC, San Ramon ( Dougherty Valley ) area, as recommended by the Public Works Director. (District III)

 

Special Districts & County Airports

 

C.9 APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, on behalf of the Contra Costa Clean Water Program, to execute a contract with Earth Island Institute/Kids for the Bay in an amount not to exceed $32,000 for grant administration services for the period July 1, 2005 through June 30, 2006, Countywide. (Cities, Towns and County Stormwater Utility Fee Assessments) (All Districts)

 

C.10 APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, on behalf of the Contra Costa Clean Water Program, to execute a contract with Dan Cloak Environmental Consulting in an amount not to exceed $111,000 for technical consulting services for the period July 1, 2005 through June 30, 2006, Countywide. (Cities and County Stormwater Utility Fee Assessments) (All Districts)

 

C.11 APPROVE and AUTHORIZE the Chair, Board of Supervisors, as governing board of the Flood Control and Water Conservation District, to execute a standard Drainage Fee Collection, Right-of-Way, and Maintenance Agreement with the City of Lafayette for drainage areas 15A and 67, effective February 28, 2005, and continuing in perpetuity, Lafayette area. (Drainage Area 15A and 67 Fees) (District II)

 

C.12   ADOPT Resolution No. 2005/429 calling for an appropriations limit increase election on November 8, 2005, for County Service Area R-7A to replace and supersede existing appropriation limit override in Resolution No. 2003/727, Alamo area. ( County Service Area R-7A Funds) (District III)

 

Statutory Actions

 

C.13    APPROVE minutes, as on file with Clerk of the Board, for the month of June.

 

Claims, Collections & Litigation

 

C.14    DENY claims of Brock A. Nethery; Regina Myers; Leslye Cassese of CSAA for Regina Myers; and three claims filed by Reginald Byrd.

 

C.15    RECEIVE report concerning the final settlement of Janet McGie vs. Contra Costa County and AUTHORIZE payment from the Workers’ Compensation Trust Fund in the amount of $26,000, as recommended by the County Administrator . (All Districts)

 

C.16    RECEIVE report concerning the final settlement of Patsy Eastman vs. Contra Costa County and AUTHORIZE payment from the Medical Liability Trust Fund in the amount of $300,000, as recommended by the County Administrator . (All Districts)

 

C.17    RECEIVE report concerning the final settlement of Bryan Hyman vs. Contra Costa County and AUTHORIZE payment from the General Liability Trust Fund in the amount of $150,000, as recommended by the County Administrator . (All Districts)

 

Honors & Proclamations

 

C.18    ADOPT Resolution No. 2005/436 honoring the 45 th Annual Contra Costa County Championship Swim Meet, as recommended by Supervisor Uilkema. (All Districts)

 

Appointments & Resignations

 

C.19   DECLARE vacant Seats No. 2, 3, and 5 on the Human Relations Commission held by Lucy Williams, Ed.D., due to resignation; Victoria Macklin due to non-attendance; and Carla Carr due to non-attendance, and DIRECT the Clerk of the Board to post the vacancies, as recommended by the Human Relations Commission. (All Districts)

           

C.20    DECLARE vacant the Tara Hills Mobile Manor seat on the Montalvin Manor Redevelopment Committee held by Theresa Bottini , and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Montalvin Manor Redevelopment Advisory Committee. (District I)

 

Appropriation Adjustments - 2004/2005 FY

 

C.21   Elections (0043): APPROVE Appropriations and Revenue Adjustment No. 5240 authorizing new revenue in the amount of $850,000 from special election reimbursements and appropriating it to cover costs associated with special elections. (All Districts)

 

Intergovernmental Relations

 

C.22   AUTHORIZE the Chair, Board of Supervisors, to sign a letter addressed to U. S. Representative Zoe Lofgren regarding a proposed National Transportation Security Center at the Mineta Transportation Institute in San Jose , as recommended by the Transportation, Water and Infrastructure Committee. (All Districts)

 

C.23   ACCEPT Notice of Proposed Amendment to Measure C Expenditure Plan to finance transportation projects in Richmond and Hercules, as recommended by the Community Development Director. (Districts I, II)

 

Personnel Actions

 

C.24    ADOPT Position Adjustment Resolution No. 19902 to add two Deputy Sheriff positions and one Sergeant position in the Sheriff-Coroner Department. (100% reimbursement from the City of San Ramon )(District III)

 

C.25    ADOPT Position Adjustment Resolution No. 19898 to add one Sergeant position in the Sheriff-Coroner Department. (100% reimbursement from the City of Lafayette ) (District II)

 

C.26    ADOPT Position Adjustment Resolution No. 19895 to add one Planner I-Project position in the Community Development Department. (100% Applicant fees) (All Districts)

 

C.27    ADOPT Position Adjustment Resolution No. 19893 to add one Redevelopment Project Manager-Project position and cancel one Planner I position in the Community Development Department. (Salary savings; Federal funds) (All Districts)

 

C.28   ADOPT Position Adjustment Resolution No. 19905 to establish the class of Airport Office Specialist and ALLOCATE it to the Salary Schedule; and RECLASSIFY one Accounting Technician position to Airport Office Specialist in the Public Works Department. (100% Airport Fund; Budgeted) (All Districts)

 

C.29   ADOPT Position Adjustment Resolution No. 19903 to add one part time (24/40) Psychiatric Technician position and cancel one part time (20/40) Licensed Vocational Nurse position in the Health Services Department. (Cost savings) (All Districts)

 

Grants & Contracts

 

APPROVE and AUTHORIZE execution of agreements between the County and the following agencies

for receipt of funds and/or services:

 

C.30   APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the State of California Department of Health Services to pay the County an amount not to exceed $423,645 to continue to provide the Immunization Assistance Program for the period July 1, 2005 through June 30, 2006. (No County match) (All Districts)

 

C.31   APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract to accept Child Development Services funding from the California Department of Education in the amount of $5,194,614 for child development programs for current and former CalWORKs program participants for the period July 1, 2005 through June 30, 2006. (No County match) (All Districts)

 

C.32   APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract to accept Child Development Services funding from the California Department of Education in the amount of $1,120,819 for child development programs for families who receive child protective services, children at risk of abuse and neglect, children with special needs, and low-income families for the period July 1, 2005 through June 30, 2006. (No County match) (All Districts)

 

APPROVE and AUTHORIZE execution of agreements between the County and the following parties

as noted for the purchase of equipment and/or services:

 

C.33   APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Mark Klekar in an amount not to exceed $26,000 to provide landscaping instruction at the Marsh Creek Detention Facility for the period July 1, 2005 through June 30, 2006. (100% Inmate Welfare Fund) (All Districts)

 

C.34   APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Jennie Walcek in an amount not to exceed $119,525 to provide technical assistance with the implementation of the Contra Costa County Marina and Recreational Boating Program for the County Watershed Program for the period July 1, 2005 through June 30, 2007, East County Delta area. (Proposition 13 Grant Funds from the State Water Resource Control Board and Stormwater Utility Assessment Fees) (Districts III & V)

 

C.35   APPROVE and AUTHORIZE the County Administrator , or designee, to execute a contract amendment with Public Pension Professionals to extend the term from October 13, 2005 to June 30, 2006 and increase the payment limit by $70,000 to a new payment limit of $120,000 for continuing retirement consultant services. (Budgeted) (All Districts)

 

Grants & Contracts – Continued

 

C.36   APPROVE and AUTHORIZE the County Administrator, or designee, on behalf of the Community Services Department, to execute a contract amendment with Rhea Cairlind to increase the payment limit by $24,320 to a new payment limit of $52,320 and to extend the term from July 31 to October 31, 2005 to provide additional temporary accounting services while the Department completes the process of hiring a permanent accountant. (Budgeted, 100% State) (All Districts)

 

C.37   APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Crestwood Behavioral Health, Inc., effective May 1, 2005, to increase the payment limit by $1,070,065 to a new payment limit of $8,846,556 to expand the scope of services to include subacute skilled nursing care at the Crestwood Solano facility to County conservatees, with no change in the term of July 1, 2004 through June 30, 2005; and to increase the automatic extension payment limit by $535,033 to a new payment limit of $4,423,278 with no change in the automatic extension through December 31, 2005. (Budgeted, 100% Mental Health Realignment) (All Districts)

 

C.38   APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Eastern Contra Costa Transit Authority (dba Tri-Delta Transit) in an amount not to exceed $91,200 to continue to provide fixed route bus transportation services between the Pittsburg health clinic and the Contra Costa Regional Medical Center for the period July 1, 2005 through June 30, 2006. (Budgeted, Enterprise I: 12.3% County, 87.7% Patient/Third Party Revenues) (All Districts)

 

C.39   APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Stephen D. Rader, M.D., in an amount not to exceed $157,718 to continue to provide psychiatric services at the Concord Adult Mental Health Clinic for the period July 1, 2005 through June 30, 2006. (Budgeted, 100% Mental Health Realignment) (All Districts)

C.40   APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Asian Community Mental Health Services, Inc., in an amount not to exceed $150,000 to continue to provide interpreter services to Southeast Asian refugee mental health clients at the Richmond Health Center for the period July 1, 2005 through June 30, 2006. (Budgeted, Enterprise I: 12.3% County, 87.7% Patient/Third Party Revenues) (All Districts)

 

C.41   APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Contra Costa Association for Retarded Citizens, Inc., in an amount not to exceed $333,333 to provide wrap-around, day treatment, and mental health services to high-risk, delayed, or emotionally disturbed children at the Lynn Center for the period July 1, 2005 through June 30, 2006. (Budgeted, 25% Federal Medi-Cal, 25% State Early Periodic Screening, Diagnosis and Treatment funds, 50% First Five Contra Costa Children & Families Commission) (District V)

 

C.42   APPROVE and AUTHORIZE the Health Services Director to execute a cancellation agreement with Toyon Associates, Inc., for consultation and technical assistance with regard to third party Social Security Income reimbursement recovery services, effective at the close of business June 30, 2005. (Budgeted, 100% State Medicare) (All Districts)

 

C.43   APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Russell Schulze, M.D., in an amount not to exceed $93,000 to continue to provide professional orthopedic surgery services at Contra Costa Regional Medical Center for the period June 1, 2005 through May 31, 2006. (Budgeted, Enterprise I: 12.3% County, 87.7% Patient/Third Party Revenues) (All Districts)

 

C.44   APPROVE and AUTHORIZE the Community Development Director, or designee, to execute a contract with Moore Iacofano Goltsman, Inc., in an amount not to exceed $50,000 to allow for completion of public outreach in developing a shortcut path for the Bay Area Rapid Transit District (BART) Pleasant Hill station area. (Redevelopment Agency, fees and grant funds) (District IV)

 

Leases

 

C.45   APPROVE and AUTHORIZE the General Services Director, or designee, to execute the First Amendment to the Lease with Balco Properties, commencing September 1, 2005, to extend the term by two-years for the premises at 835 Arnold Drive, Martinez, for continued occupancy by the Health Services Department. (Annual cost $19,380; Budgeted-Health Services Department) (District II)

 

 

Other Actions

 

C.46    DECLARE and ACCEPT results of the Contra Costa County Employees’ Retirement Association election conducted on June 21, 2005, as recommended by the County Clerk-Registrar of Voters. (All Districts)

 

C.47   CORRECT Board of Supervisors action of June 21, 2005 to change the names of specified documents, places, and bodies referenced as "Pleasant Hill BART Station Area" to the "Contra Costa Centre Area", as recommended by Supervisor DeSaulnier. (District IV)

 

C.48   APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the Regents of the University of California, on behalf of University of California Davis Health Systems, to extend the term from June 30, 2005 to June 30, 2008 to continue to provide training and clinical experience in the field of family practice for medical students, resident physicians and fellows, family nurse practitioner students, and physician assistant students enrolled at U.C. Davis School of Medicine. (Non-financial agreement) (All Districts)

 

C.49   ACCEPT report and recommendations dated June 20, 2005 from the Public Health Director on HIV (Human Immunodeficiency Syndrome) prevention. (All Districts)

 

C.50     CONFIRM that the Board of Supervisors has taken no action to change the name of Mt. Diablo , as recommended by the County Administrator . (All Districts)

 

Redevelopment Agency

 

C.51    APPROVE and AUTHORIZE the Redevelopment Director to submit an application to the Bay Area Air Quality Management District for Transportation Fund for Clean Air Regional Funds in the amount of $20,400 for smart bicycle lockers at the Pleasant Hill BART Station. ($10,000 Redevelopment Agency Match; budgeted) (District IV)

 

 

 

GENERAL INFORMATION

 

 

The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk.

 

All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt.

 

Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board.

 

Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913; or via the County’s web page: http://www.co.contra-costa.ca.us , by clicking “Submit Public Comment” (the last bullet point in the left column under the title “Board of Supervisors.”)  

 

Requests for reconsideration of a land use (planning) decision must be submitted in writing to the Clerk of the Board of Supervisors within 10 days of the Board's decision, and must identify the new information which was not before the Board of Supervisors when the decision was made.

 

The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106.

 

Copies of taped recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street , Martinez , California .

 

Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us.

 

The Closed Session agenda is available each week upon request from the Office of the Clerk of the Board, 651 Pine Street , Room 106, Martinez , California , and may also be viewed on the County’s Web Page.

 

The Family and Human Services Committee (Supervisors Federal D. Glover and Mark DeSaulnier) - meets on the first and third Mondays of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez .

 

The Finance Committee (Supervisors John Gioia and Mary N. Piepho) - meets on the first Monday of the month at 10:00 a.m. in Room 108, County Administration Building, 651 Pine Street, Martinez .

 

The Internal Operations Committee (Supervisors Gayle B. Uilkema and Mark DeSaulnier) - meets on the first and third Mondays of the month at 9:00 a.m. in Room 105, County Administration Building, 651 Pine Street, Martinez .

 

The Transportation, Water & Infrastructure Committee (Supervisors Mary N. Piepho and Federal D. Glover) - meets on the second Monday of the month at 10:00 a.m. in Room 108, County Administration Building, 651 Pine Street, Martinez .